This is an anticipatory bail application filed by the 1st accused in a case alleging assault. The court dismissed the application, holding that no change of circumstances occurred since a prior rejection order and the specific overt act remains the same.
Application dismissed; petitioner allowed to surrender before the Investigating Officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BAIL APPL. NO. 6042 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
BAIL APPL. NO. 6042 OF 2023
PETITIONER/S:
SOORAJ DAS
AGED 35 YEARS
S/O DASAN, THURUTHY HOUSE EDATHIRUTHY P.O, THRISSUR
DISTRICT, PIN - 680703
BY ADV NAMITHA K.S.
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2SHO
KAIPAMANGALAM POLICE STATION KAIPAMANGALAM, THRISSUR
DISTRICT, PIN - 680681
OTHER PRESENT:
PP SRI. K.A.NOUSHAD
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6042 OF 2023
2
BECHU KURIAN THOMAS, J.
======================
B.A.No.6042 of 2023
------------------------------------------
Dated this the 24th day of July, 2023
ORDER
This is an application for anticipatory bail filed under
Section 438 of the Code of Criminal Procedure, 1973.
3
BAIL APPL. NO. 6042 OF 2023
application is filed subsequent to the said dismissal.
However, it will be open to the petitioner to surrender before the Investigating Officer, on or before 31.07.2023. In the event of such surrender, and if after the subsequent interrogation, the Investigating Officer proceeds to arrest him, he shall be produced before the jurisdictional Magistrate without
BAIL APPL. NO. 6042 OF 2023
4
delay. Thereafter, if any application for bail is filed, the same
shall also be considered, in accordance with law.
BECHU KURIAN THOMAS JUDGE
jm/
BAIL APPL. NO. 6042 OF 2023
5
APPENDIX OF BAIL APPL. 6042/2023
PETITIONER ANNEXURES
Annexure-1A TRUE COPY OF THE ORDER IN BA 3615/2023 OF
THIS HON'BLE COURT DATED 16.06.2023
2 issues framed by the court
Whether a subsequent anticipatory bail application should be entertained when no change of circumstances exists from a prior rejection.
Whether the specific overt act alleged against the petitioner remains unchanged to justify rejection of bail.
2 provisions across 2 enactments
SOORAJ DAS
STATE OF KERALA
SHO KAIPAMANGALAM POLICE STATION
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court